ICE Activity & Our Homeless Neighbors

by Elle Palumbo, Storytelling and Engagement Intern

As soon as Trump took office , the President made a statement rescinding 2021 guidance from former president Joe Biden which prohibited ICE agents from accessing “protected areas” such as shelters, schools and hospitals. The guidance was replaced by an unreleased directive which gives ICE agents power to make judgement calls in making enforcement actions. The Trump administration has promised to make the arrest and deportation of undocumented individuals a top priority, which is putting the homeless community at risk.

ICE agents have already started targeting homeless shelters, including in Chicago, Los Angeles, and San Diego, making a once protected space unsafe for anybody seeking refuge in shelters. While removing a safe space for homeless individuals, fear is being created. Raids are causing families to flee from areas with high volumes of ICE agents and, in turn, are avoiding public services like homeless shelters out of fear of arrest. Individuals in need of assistance from housing shelters are not getting help they need as the Trump administration continues to threaten the security of immigrants.

Emmanuel College senior and immigration paralegal Julia Burr gave her advice on the current administration’s immigration tactics stating, “In general, the current administration has given more power to the Department of Homeland Security and its subagency ICE. ICE’s tactics have become more intense and their actions, even unlawful, are endorsed by DHS.”

The immigration crackdown is also threatening current housing for immigrants, separating families, leaving them scrambling to afford housing, and even discouraging them from exercising their rights as tenants. Immigrants are already facing higher housing barriers with two-thirds of undocumented renters statewide being rent-burdened compared to 57% of all immigrant renters and 53% of US born renters according to the California Immigrant Data Portal by the USC Equity Research Institute. Tenants without legal status are less likely to assert their tenants rights, leaving them more vulnerable to overcrowding housing and even putting them at risk for eviction and homelessness.

ICE raids are not the only threats the Trump administration has made towards immigrants. According to two unpublished rules obtained by ProPublica, the Trump administration could strip aid from entire families if one member of the household is undocumented. Currently, US citizens applying for assistance must submit a signed declaration attesting to their citizenship. Individuals suffering from homelessness in the past would be less likely to be able to provide the required documentation, disproportionately affecting people of color.

Minority groups make up a disproportionate share of the homeless population in the US, with African Americans making up more than 40% of the homeless population and Hispanic individuals making up 21% of the homeless population according to the National Alliance to End Homelessness. This new policy from the Trump administration would make it harder for citizens and eligible immigrants to afford housing if their household includes someone without eligible immigration status, contributing to the homelessness epidemic.

To combat the crisis, state officials are working on legislation, including Gov. Maura Healey, who proposed an executive order restricting federal immigration agents from entering or using state buildings, day care facilities, and schools. While legal experts say it will be difficult to enforce broad provisions covering non-state owned spaces, Healey expects the federal government to “respect our sensitive spaces.”

Trump has deployed National Guard troops to six cities since June as a way to combat ICE protests and gain control in the cities, provoking pushback from other local leaders. California Gov. Gavin Newsom alleged that Trump’s decision to federalize National Guard troops in Los Angeles was illegal. New York Gov. Kathy Hochul introduced legislation that would ban agreements between local law enforcement and ICE, and bars federal agents from using local detention centers for civil immigration enforcement, mass raids or transportation of detainees.

“Homeless individuals who do not have legal status should avoid encounters with ICE to the best of their ability while still ensuring their health and wellbeing needs are met,” Burr added. “It can be hard to discern ICE agents from regular police, so learning the signs and being aware of your rights during any law enforcement encounter is a must. Shelters can help out on this front by printing and providing "Know Your Rights" cards in English, Spanish, Portuguese and Haitian Creole.”

Despite the efforts of state officials on the issues of immigration, undocumented individuals are still under scrutiny from the Trump administration. Using fear and scare tactics, ICE has created a dangerous situation for immigrants, leading to protected spaces no longer being safe, and stripped benefits due to being undocumented that will not only increase their risk for homelessness, but also prevent them from partaking in their rights as an individual.

Burr provided some advice for shelters and other service providers during these troubling times:

• Have an action plan in place for before, during, and after potential ICE raids. Have a designated administrator who is regularly on site prepared to handle all interactions with ICE.

• Understand the difference between warrants. Only judicial warrants or arrest warrants are valid for entry into spaces which are designated as "non public." These warrants should be signed by a judge and name a specific individual or area that ICE is allowed to search. Administrative warrants (commonly used by ICE) are NOT valid for entry into non-public areas as they are signed by ICE officials rather than judges.

• Designate private spaces with signage. Public areas like reception areas are accessible by ICE, but your shelter can prevent ICE entering spaces with clients by posting signage on doors and hallways which designate spaces used by clients as "non-public" or "private."

• Have legal counsel / a trusted attorney. If your shelter houses individuals who may lack legal status, having legal counsel accessible in the event of an ICE raid is crucial.

• Do not keep unnecessary information about clients. Your shelter should NEVER keep information on record about clients' legal status.